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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Backyard Broadcasting Williamsport Licensee, LLC ) File No. EB-07-PA-093
Owner of Antenna Structure )
South Williamsport, Pennsylvania ) NOV No. V20073240012
)
)
NOTICE OF VIOLATION
Released: May 10, 2007
By the District Director, Philadelphia Office, Northeast Region,
Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules to Backyard Broadcasting Williamsport
Licensee, LLC ("Backyard Broadcasting"), owner of an unregistered
antenna structure located in South Williamsport, Pennsylvania.
2. On March 1, 2007, an agent of the Commission's Philadelphia Office
observed an antenna structure at 2337 Skyline Drive, Bald Eagle
Mountain, South Williamsport, Pennsylvania (N41-12-42.0 W076-57-16.2)
, which is situated adjacent to a tower that complies with the
required FAA lighting specifications, and found the following
violation:
47 C.F.R. S 17.4(a): "Effective July 1, 1996, the owner of any proposed or
existing antenna structure that requires notice of proposed construction
to the Federal Aviation Administration must register the structure with
the Commission." While notices of proposed construction generally are
required only for towers that exceed 200 feet, 47 C.F.R. S 17.7(b)
specifies circumstances under which notices of proposed construction to
the FAA are required for towers less than 200 feet that are near airports.
The agent determined that, pursuant to 47 C.F.R. S 17.7(b)(1), the tower
required a notification of proposed construction to the FAA and therefore
required registration with the FCC. At the time of the inspection, the
agent found that Backyard Broadcasting failed to register its antenna
structure with the Commission
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Backyard Broadcasting
Williamsport Licensee, LLC must submit a written statement concerning
this matter within twenty (20) days of release of this Notice. The
response must fully explain each violation, must contain a statement
of the specific action(s) taken to correct each violation and preclude
recurrence, and should include a time line for completion of pending
corrective action(s). The response must be complete in itself and
signed by a principal or officer of the tower owner. All replies and
documentation sent in response to this Notice should be marked with
the File No. and NOV No. specified above, and mailed to the following
address:
Federal Communications Commission
Philadelphia Office
One Oxford Valley Building, Suite 404
2300 East Lincoln Highway
Langhorne, Pennsylvania 19047
4. This Notice shall be sent to Backyard Broadcasting Williamsport
Licensee, LLC at its address of record.
5. The Privacy Act of 1974 requires that we advise you that the
Commission will use all relevant material information before it,
including any information disclosed in your reply, to determine what,
if any, enforcement action is required to ensure compliance. Any false
statement made knowingly and willfully in reply to this Notice is
punishable by fine or imprisonment under Title 18 of the U.S. Code.
FEDERAL COMMUNICATIONS COMMISSION
Gene Stanbro
District Director
Philadelphia District Office
Northeast Region
Enforcement Bureau
47 C.F.R. S 1.89.
The antenna structure requires notice of construction to the FAA and
registration with the FCC because it fails the 100:1 slope criteria with
respect to Williamsport Regional Airport. The agent used a Commission
program called TOWAIR, [1]http://wireless2.fcc.gov/UlsApp/
AsrSearch/towairSearch.jsp, to determine that Backyard Broadcasting's
antenna structure exceeds the 100:1 slope criteria with respect to the
Williamsport Regional Airport. This determination was based on the antenna
structure's overall height above ground level of 27 meters, site elevation
of 603 meters and NAD83 coordinates 41-12-42 North and 076-57-16.2 W.
47 U.S.C. S 403.
P.L. 93-579, 5 U.S.C. S 552a(e)(3).
18 U.S.C. S 1001 et seq.
Federal Communications Commission
2
Federal Communications Commission
References
Visible links
1. http://wireless2.fcc.gov/UlsApp/